[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Rules and Regulations]
[Pages 14640-14641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7499]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1804, 1807, 1835 and 1872
NASA Internal Programmatic Approval Documentation
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This final rule changes the NASA FAR Supplement (NFS) to
ensure that no affected solicitation is released prior to the approval
of key programmatic documentation required by NASA Procedures and
Guidelines (NPG) 7120.5, NASA Program and Project Management Processes
and Requirements. This final rule prohibits release of affected
solicitations until the required approvals have been obtained or
authority to proceed without the required documentation has been
granted by the Chair of the Governing Program Management Council or
designee.
EFFECTIVE DATE: March 26, 1999.
FOR FURTHER INFORMATION CONTACT: Kenneth A. Sateriale, (202) 358-0491,
kenneth.sateriale@hq.nasa.gov.
SUPPLEMENTARY INFORMATION:
Background
NPG 7120.5 establishes the management system for processes,
requirements and responsibilities for implementing NASA Policy
Directive 7120.4, Program and Project Management. This management
system governs the formulation, approval, implementation, and
evaluation of all Agency programs and projects established under the
Provide Aerospace Products and Capabilities (PAPAC) process. The policy
and guidelines require approvals at various programmatic stages and
decision points. Before a program or project formulation may commence,
a Formulation Authorization document must be approved. Before program
implementation may commence, a Program Commitment Agreement and a
Program Plan must be approved. Before project implementation may
commence, a Program Commitment Agreement, Program Plan, and Project
Plan must be approved. Approval to commence any of these activities
without the required documentation must be obtained from the chair of
the Governing Program Management Council or designee.
Impact
Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Pub. L. 98-577, and publication for public
comments is not required. However, comments from small entities
concerning the affected NFS subpart will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and
should cite 5. U.S.C. 601, et seq.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR 1804, 1807, 1835 and 1872
Government procurement.
Tom Luedtke,
Acting Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1804, 1807, 1835 and 1872 are amended as
follows:
1. The authority citation for 48 CFR Parts 1804, 1807, 1835 and
1872 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1804--ADMINISTRATIVE MATTERS
2. Section 1804.7301, is revised to read as follows:
1804.7301 General.
(a) Except in unusual circumstances, the contracting office shall
not issue solicitations until an approved procurement request (PR),
containing a certification that funds are available, has been received.
However, the contracting office may take all necessary actions up to
the point of contract obligation before receipt of the PR certifying
that funds are available when--
(1) Such action is necessary to meet critical program schedules;
(2) Program authority has been issued and funds to cover the
acquisition will be available prior to the date set for contract award
or contract modification;
[[Page 14641]]
(3) The procurement officer authorizes such action in writing
before solicitation issuance; and
(4) The solicitation includes the clause at FAR 52.232-18,
Availability of Funds. The clause shall be deleted from the resultant
contract.
(b) The contracting office shall not issue either a draft or final
solicitation until a PR, either planning or final, has been received
that contains an NPG 7120.5 certification. That certification must be
made by the project or program office that initiated the PR, or the PR
approval authority when there is no project or program office. The
certification must state that either--
(1) The requested action is not in support of programs and projects
subject to the requirements of NPG 7120.5, or
(2) The requested action is in support of programs and projects
subject to the requirements of NPG 7120.5, and
(i) All NPG 7120.5 required documentation is current and has been
approved; or
(ii) Authority to proceed without the required documentation has
been granted by the Chair of the Governing Program Management Council
or designee.
PART 1807--ACQUISITION PLANNING
3. In section 1807.105, paragraph (a)(2) is added to read as
follows:
1807.105 Contents of written acquisition plans.
* * * * *
(a) * * *
(2) NPG 7120.5 shall be an integral part of acquisition planning
for programs and projects subject to its requirements. If the NPG does
not apply, the acquisition plan shall clearly state that fact. If the
NPG does apply, specify whether all required NPG 7120.5 documentation
is current and approved (see 1804.7301(b)(2)(i)). If not, describe the
approach for obtaining approval or the authority to proceed without
approval before release of draft or final solicitations. For programs
and projects under the NPG, all draft or final solicitations subject
to, or directly or substantially in support of, those programs or
projects shall clearly identify the program or project of which they
are part.
* * * * *
PART 1835--RESEARCH AND DEVELOPMENT CONTRACTING
4. In section 1835.016, paragraph (a)(iii) is added to read as
follows:
1835.016 Broad agency announcements.
(a) * * *
(iii) Draft or final versions of any form of BAA that directly or
substantially supports a program subject to NASA Procedures and
Guidelines (NPG) 7120.5 shall not be released unless--
(A) All applicable NPG 7120.5 required documentation (see
1804.7301(b)(2)(i)) is current and has been approved (e.g., Formulation
Authorization Document, Program Commitment Agreement, Program Plan, or
Project Plan); or
(B) Authority to proceed without the required documentation has
been granted by the Chair of the Governing Program Management Council
or designee.
* * * * *
PART 1872--ACQUISITIONS OF INVESTIGATIONS
5. In section 1872.102, paragraph (a)(1) is revised to read as
follows:
1872.102 Key features of the system.
(a)(1) Use of the system commences with the Enterprise Associate
Administrator's determination that the investigation acquisition
process is appropriate for a program. An Announcement of Opportunity
(AO) is disseminated to the interested scientific and technical
communities. The AO is a form of broad agency announcement (BAA) (see
FAR 35.016 and 1835.016 for general BAA requirements). This
solicitation does not specify the investigations to be proposed but
solicits investigative ideas which contribute to broad objectives. In
order to determine which of the proposals should be selected, a formal
competitive evaluation process is utilized. The evaluation for merit is
normally made by experts in the fields represented by the proposals.
Care should be taken to avoid conflicts of interest. These evaluators
may be from NASA, other Government agencies, universities, or the
commercial sector. Along with or subsequent to the evaluation for
merit, the other factors of the proposals, such as engineering, cost,
and integration aspects, are reviewed by specialists in those areas.
The evaluation conclusions as well as considerations of budget and
other factors are used to formulate a complement of recommended
investigations. A steering committee, serving as staff to the
Enterprise Associate Administrator or designee when source selection
authority is delegated, reviews the proposed payload or program of
investigation, the iterative process, and the selection
recommendations. The steering committee serves as a forum where
different interests, such as flight program, discipline management, and
administration, can be weighed.
* * * * *
[FR Doc. 99-7499 Filed 3-25-99; 8:45 am]
BILLING CODE 7510-01-P
